FAQ

Below are some frequently asked questions and answers about Social Security disability benefits.

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To learn more, speak to one of our Modesto Social Security disability benefits attorneys at Rockwell, Kelly & Duarte. Contact us online or call us at 209-225-9463 for help today.


Can I receive Social Security Disability benefits?

To qualify for Social Security disability benefits, you must have worked in jobs covered by Social Security. After you meet that threshold, you must have a medical condition that meets Social Security's definition of a disability. Generally, Social Security will pay monthly cash benefits to individuals unable to work for a year or more because of a disability. Benefits usually continue until the disabled worker is able to work again regularly.

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Can I receive Social Security disability and VA disability benefits?

VA disability benefits are service connected and eligibility is unrelated to any other benefits. Whether you can also collect Social Security Disability is based on your work history and the Federal Insurance Contributions Act (FICA) taxes you paid into Social Security. But in theory, you could collect both SSD and VA disability benefits.

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Can I receive SSI and SSDI?

SSI cash benefits depend on your income, including SSDI payments. Social Security periodically reviews your financial status to evaluate how much in SSI benefits you can receive each month. Unlike SSI, your SSDI benefits will not fluctuate if your income fluctuates.

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How much is SSI in California?

The benefit amount in California comes from two sources: the Federal Benefit Rate and the California State Supplement Payment. These amounts are adjusted annually to account for cost of living changes. The current SSI benefit amounts in California are $854.40 monthly for an individual and $1,444.20 monthly for a couple.

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How do I file a disability claim in California?

First, you must file an initial disability application with the local Social Security Administration Field Office. That office forwards your application to the Disability Determination Service Division (DDSD), a state office of California Department of Social Services. A disability claims examiner at that office makes the medical determination as to whether you qualify for disability benefits. It is essential that you file your claim properly and the attorneys of Rockwell, Kelly & Duarte help you in doing so to ensure that you receive the benefits you deserve.

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What are the qualifications for Social Security Disability?

Typically, candidates for Social Security disability must have a medical condition that meets Social Security's definition of a disability. Social Security pays monthly cash benefits to individuals unable to work for a year or more because of a disability. Benefits usually continue until the disabled worker is able to work again.

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If I am injured at work, what benefits are available to me?

If you miss work due to your injury, you are entitled to receive Temporary Total Disability, paid at two-thirds of your average weekly wage. If you have a permanent condition which affects you due to the work injury, you may be entitled to permanent disability benefits. If you can't return to the work you were doing at the time of the injury, you may be entitled to a voucher for retraining. Most importantly, you are entitled to medical treatment to cure or relieve your injury.

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Making a false or fraudulent workers’ compensation claim is a felony subject to 5 years in prison or up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine.